USPTO Patents Application 10597633

PATENT COOPERATION TREATY

From the

INTERNATIONAL PRELIMINARY EXAMINING AUTHORITY

To:

PAUL FENSTER
FENSTER & COMPANY, INTELLECTUAL PROPERTY LTD.
P.O. BOX 10256 5
PETACH TIKVA, l$RAEif|

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CT

NOTIFICATION OF TRANSMITTAL OF
INTERNATIONAL PRELIMINARY
REPORT ON PATENTABILITY
(Chapter II of the Patent Cooperation Treaty)

(PCT Rule 71.1)

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Date of mailing 1 Q IAM 0f|f]7
{day/month/year) %$t\V§ Lu\}i

Applicant's or agent's file reference
414/04391

IMPORTANT NOTIFICATION

International application No.
PCT/IL05/00138

International filing date (day/month/year)
04 February 2005 (04.02.2005)

Priority date {day/month/year)
05 February 2004 (05.02.2004)

Applicant

RE ABILITY, INC.

1 . The applicant is hereby notified that this International Preliminary Examining Authority transmits herewith the
international preliminary report on patentability and its annexes, if any, established on the international application.

2. A copy of the report and its annexes, if any, is being transmitted to the International Bureau for communication to all
the elected Offices.

3. Where required by any of the elected Offices, the International Bureau will prepare an English translation of the
report (but not of any annexes) and will transmit such translation to those Offices.

4. REMINDER

The applicant must enter the national phase before each elected Office by performing certain acts (filing translations
and paying national fees) within 30 months from the priority date (or later in some Offices)( Article 39(l))(see also
the reminder sent by the International Bureau with Form PCT/IB/301),

Where a translation of the international application must be furnished to an elected Office, that translation must
contain a translation of any annexes to the international preliminary report on patentability. It is the applicant's
responsibility to prepare and furnish such translation directly to each elected Office concerned.

For further details on the applicable time limits and requirements of the elected Offices, see Volume II of the PCT
Applicant 's Guide.

The applicant's attention is drawn to Article 33(5), which provides that the criteria of novelty, inventive step and
industrial applicability described in Article 33(2) to (4) merely serve the purposes of international preliminary
examination and that "any Contracting State may apply additional or different criteria for the purposes of deciding
whether, in that State, the claimed invention is patentable or not" (see also Article 27(5)). Such additional criteria
may relate, for example, to exemptions from patentability, requirements for enabling disclosure, clarity and support
for the claims.

Name and mailing address of the IPEA/ US
Mail Stop PCT, Attn: IPEA/US

Commissioner for Patents

RO. Box 1450

Alexandria, Virginia 22313-1450
Facsimile No. (571) 273-3201

Authorized officer

Michael Brown

Telephone No. 571-;

Form PCT/1PEA/416 (January 2004)

PATENT COOPERATION TREATY

PCT

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

(Chapter II of the Patent Cooperation Treaty)

(PCT Article 36 and Rule 70)

Applicant's or agent's file reference
414/04391

FOR FURTHER ACTION

See Form PCT/IPEA/416

International application No.
PCT/1L05/00138

International filing date (day /month/year)
04 February 2005 (04.02.2005)

Priority date (day/month/year)

05 February 2004 (05.02.2004) '

International Patent Classification (IPC) or national classification and IPC

IPC: A61H l/00( 2007.01)
USPC: 601/5

Applicant
REABILITY, INC

U

2.
3.

This report is the international preliminary examination report, established by this International Preliminary
Examining Authority under Article 35 and transmitted to the applicant according to Article 36.

This REPORT consists of a total of sheets, including this cover sheet.

This report is also accompanied by ANNEXES, comprising:

a * (ZJ ( sent to the applicant and to the International Bureau) a total of sheets, as follows:

1 1 sheets of the description, claims and/or drawings which have been amended and are the basis of
this report and/or sheets containing rectifications authorized by this Authority (see Rule 70.16
and Section 607 of the Administrative Instructions).

Li sheets which supersede earlier sheets, but which this Authority considers contain an amendment
that goes beyond the disclosure in the international application as filed, as indicated in item 4 of
Box No. I and the Supplemental Box.

b. (sent to the International Bureau only) a total of (indicate type and number of electronic carrier(s))

> containing a sequence listing and/or tables related thereto, in electronic form only, as

indicated in the Supplemental Box Relating to Sequence Listing (see Section S02 of the
Administrative Instructions).

4. This report contains indications relating to the following items:

Box No. I

Basis of the report

□

Box No. II

Priority

Box No. Ill

Non-establishment of opinion with regard to novelty, inventive step and industrial

□

applicability

Box No. IV

Lack of unity of invention

Box No, V

Reasoned statement under Article 35(2) with regard to novelty, inventive step or

□

industrial applicability; citations and explanations supporting such statement

Box No. VI

Certain documents cited

□

Box No. VII

Certain defects in the international application

□

Box No. VIII

Certain observations on the international application

Date of submission of the demand

Date of completion of this report

17 January 2006 (17.01.2006)

I i December 2006 (1 LI 2.2006)

Name and mailing address of the IPEA/ US
Mail Stop PCT, Attn: IPEA/US
Commissioner for Patents
P.O. Box 1450

Alexandria, Virginia 223 13-1450
Facsimile No. (571) 273-3201

Authorized officer jrf
Michael Brow /7^€^^^
Telephone No. 571-272-4972 /

Form PCT/IPEAy409 (cover sheet)(April 2005)

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

International application No.
PCT/IL05/00138

Box No. V Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial

applicability; citations and explanations supporting such statement

1. Statement

Novelty (N) Claims NONE YES

Claims U55 NO

Inventive Step (IS) Claims NONE YES

Claims 1^55 NO

Industrial Applicability (IA) Claims 1^55 YES

Claims NONE NO

2. Citations and Explanations (Rule 70.7)

Claims 1-17 and 40-55 lack novelty under FCT Article 33(2) as being anticipated by Rogozinski.
Claims 18-39 lack novelty under PCX Article 33(2) as being anticipated by Martin et at.

Claims 1-55 meet the criteria set out in PCT Article 33(4), and thus meet industrial applicability because the subject matter claimed can
be made or used in industry.

Form PCT/IPEA/409 (Box No. V) (April 2005)